Digital Commons Network^™

U.S. Supreme Court Subordinates Enforcement Of Regulatory Statutes To Enforcement Of Arbitration Agreements, Christine L. Davitz

Vanderbilt Journal of Transnational Law

Through a series of cases culminating with Vimar Seguros Y Reaseguros v. M/V Sky Reefer, the U.S. Supreme Court has developed a strong pro-arbitration stance regarding disputes arising out of international commercial contracts. This Note analyzes the Court's reasons for this stance and compares those reasons with the history and purposes of the Federal Arbitration Act and the New York Convention. The author concludes that the Court's reasons are at odds with the FAA and the New York Convention. The Note further articulates the dangers posed to U.S. public policies that are created by allowing arbitration of statutory claims. The …

Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee

Vanderbilt Journal of Transnational Law

In recent years, U.N. peacekeeping operations have become an increasing focus of international military action and media coverage. While the military and the media have maintained a precarious balance in the United States between the military's objective of operational success and the media's call for uncensored reporting, the evolution and growing importance of U.N. peacekeeping offers new considerations to this balance. This Note examines the ability of the United Nations to affect the balance between the military and the media through the implementation of U.N. media rules during peacekeeping operations. This Note begins by reviewing the history of media coverage …

... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana

Vanderbilt Journal of Transnational Law

With the formation of the Bosnian and Rwandan War Crimes Tribunals, the international community has created a mechanism for the enforcement of human rights law for the first time since the Nuremburg and Tokyo War Trials. The efficacy of these tribunals, however, is in doubt. This Note proposes that only a few human rights are truly universal in nature and can be guaranteed by the international community. Furthermore, the political realities of the international system precludes the use of international tribunals against the more powerful nations of the international community. The Note concludes that by focusing on the human rights …

Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel, Stacy A. Feld

Vanderbilt Journal of Transnational Law

Every other year, the Vanderbilt Journal of Transnational Law presents a symposium on a current topic in international law and practice. This year's symposium, "Hong Kong's Reintegration into the People's Republic of China: Constitutional Issues, Policy Approaches & Human Rights Concerns and Economic & Legal Implications, was held at Vanderbilt University School of Law on March 28-29, 1997. Our goal was to provide a forum in which leading authorities on Hong Kong and China could come together and discuss constitutional, human rights, legal, and economic concerns surrounding the reintegration of Hong Kong into China.

The results of this Symposium have …

Reflections On The Economic Future Of Hong Kong, Ted Hagelin

Vanderbilt Journal of Transnational Law

This Article assesses the economic future of Hong Kong after reunification with China. After reviewing Hong Kong's economic history, this Article discusses Hong Kong's present economic situation, and both the positive and negative influences on its economic future. The author identifies China's self-interest in Hong Kong's continued economic prosperity as a positive factor for Hong Kong's economy. China's self-interest stems largely from the recognition that Hong Kong's economic failure will impact China's politics, economics, and foreign relations. Negative developments within China, however, could lead to a precipitous downturn in Hong Kong's economy. Negative developments include potential military and political crises, …

South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz

Vanderbilt Journal of Transnational Law

South Africa's Bill of Rights is one of the most liberal and elaborate in the world. Consequently, South Africa is at the forefront of defining human rights for individuals, especially women. Concurrently, international law is slowly undergoing a reconceptualization of human rights documents and guarantees to define a more definitive, protective, and pro-active body of rights for women.

By upholding the constitutionality of the 1996 Abortion Act, South Africa can define its own Bill of Rights in liberal terms and ensure that the South African Constitution continues to receive a broad interpretation. A welcome result would be the improvement of …

International Law In Mexican Courts, Jorge Cicero

Vanderbilt Journal of Transnational Law

Recognizing the increasing importance of international law in Mexico, this Article addresses the actual and potential uses of international law in Mexican courts. The Article reviews the ways in which the Mexican system already ensures the judicial consideration of international undertakings, as well as areas of possible improvements. The Article first considers the role and status of international law in the Mexican legal order, including the domestic status of international treaties and agreements, as well as the interaction between national and international norms. Next, the Article focuses on ways to ensure the consideration of international legal questions by Mexico's high …

Audits Of Credit Unions, With Conforming Changes As Of May 1, 1997; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Credit Unions Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Guide For The Use Of Real Estate Appraisal Information With Conforming Changes As Of May 1, 1997; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Real Estate Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Audits Of Investment Companies With Conforming Changes As Of May 1, 1997; Industry Audit Guide; Audit And Accounting Guide, American Institute Of Certified Public Accountants. Investment Companies Special Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Audits Of Entities With Oil And Gas Producing Activities With Conforming Changes As Of May 1, 1997; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Oil And Gas Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Lady Griz Volleyball Media Guide, 1997, University Of Montana—Missoula. Athletics Department

Lady Griz Volleyball Media Guides, 1979-2008

Media guide created about the Lady Griz volleyball team.

Forestry Kaimin, 1996-1997, University Of Montana--Missoula. College Of Forestry And Conservation. Forestry Club

Forestry Kaimin, 1915-2015

Annual yearbook of the University of Montana’s Forestry Student Association (Forestry Club).

1996 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 1996., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Journal Articles

The word "appropriate" is so wildly overused in American culture that, as with other vacuous words and phrases, a person learns to read right through it. "Appropriate" is verbal tofu. This Essay pauses instead of reading through, particularly to notice the instances in which "appropriate" and its negative counterpart are used to give the appearance of a moral or legal judgment.

"Appropriate," chosen to express a legal judgment, is not only vacuous; it is also irresponsible. It catches the legislator, judge, or administrator in the act of passing the buck, as the President did when he ordered the Justice Department …

Catholic Faith And Legal Scholarship, Gerard V. Bradley

Journal Articles

The most obvious and the most personally important way in which scholarship reflects faith knows no distinction between Protestants and Catholics. For all of us who are Christians, the life of the scholar is our vocation, our contribution to the building of the Kingdom, our share in the church's mission. We did not just stumble upon this life of scholarship, or choose it because it is interesting, exciting, or fun (though sometimes it is). Rather, we discerned through prayerful reflection upon our gifts, our opportunities, and the needs of our communities that God called us to serve others by striving …

Ending The War On Drugs And Children, Daniel D. Polsby

Valparaiso University Law Review

No abstract provided.

A, B, C'S And Condoms For Free: A Legislative Solution To Parents' Rights And Condom Distribution In Public Schools, Camille Waters

Valparaiso University Law Review

No abstract provided.

The Plausibility Of Legally Protecting Reasonable Expectations, Bailey H. Kuklin

Valparaiso University Law Review

No abstract provided.

World View: The 1997 Strategic Assessment From The Strategic Studies Institute, Earl H. Tilford Dr.

Books, Monographs & Collaborative Studies

In December of each year the analysts at the Strategic Studies Institute (SSI) look to the year ahead to assess the strategic equation for their particular areas of interest. This is part of an effort to focus our priorities both corporately as well as individually. As they address those issues and factors that will affect U.S. national security strategy over the next 12-18 months, our analysts are also forced to think about the next decade. The strategic context in 1997 will be quite similar to that of 1996 in that it remains complex and uncertain. This year, however, the way …

The Chemical Weapons Convention: Strategic Implications For The United States, Frederick J. Vogel Mr.

Books, Monographs & Collaborative Studies

On January 13, 1993, in Paris, 130 countries signed the Chemical Weapons Convention (CWC) to ban the entire class of chemical weapons. Many of those nations have since ratified it. In this country, debate continues on the strategic implications of the convention, as drafted, and whether it is in the U.S. national security interest. Once gain, that debate comes before the Senate for ratification consideration in 1997. Frederick Vogel explores the historical, moral, and legal aspects of chemical warfare, and the strategic implications of the convention, including operational, policy, constitutional, and industrial impact for the United States. He concludes that, …

The Intellectual Property Renaissance In Cyberspace: Why Copyright Law Could Be Unimportant On The Internet, Eric Goldman

Historical and Topical Legal Documents

No abstract provided.

Identity Development And Student Involvement Of African-American Undergraduate Students At Historically White Colleges And Universities In Southern Appalachia, Rosemary G. Bundy

Electronic Theses and Dissertations

This study of African American undergraduates at Emory & Henry College, Tusculum College, Western Carolina University, East Tennessee State University, Appalachian State University, and University of North Carolina at Asheville was conducted to determine students' stages of identity development, level of involvement in campus activities, and demographic characteristics within historically White Southern Appalachian colleges and universities, both public and independent. Three research questions were answered by analyzing 21 null hypotheses using the t-test and the chi square test. Hypotheses were tested at the.05 level of significance. Data collected in this study revealed that the students' perceptions of identity development and …

Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer

Faculty Scholarship

In the post-Seminole Tribe world, the legal analysis in situations where states have chosen regulation over competition, supplanting the free functioning of markets, will diverge depending upon the identity of the defendant. If a state, its agencies, or departments are the named defendants, the broader Eleventh Amendment analysis controls and claims for damages against government entities must be dismissed on the ground of sovereign immunity. If the defendant is a private firm, the narrower State Action Doctrine, which has been crafted to balance true exercise of state sovereignty against the goal of competition, provides immunity for private defendants. As …

An Aggregation Procedure For Simulating Manufacturing Flow Line Models, Paul Savory, Gerald Mackulak

Department of Industrial and Management Systems Engineering: Faculty Publications

We develop a formal method for specifying an aggregate discrete-event simulation model of a production flow line manufacturing system. The methodology operates by aggregating production stations or resources of a flow line. Determining the specifications for representing the aggregated resources in a simulation model is the focus of our presentation. We test the methodology for a set of flow lines with exponentially distributed arrival and service times. Comparisons between analytical and simulation results indicate the aggregation approach is quite accurate for estimating average part cycle time.

Wyclif On Rights, Stephen E. Lahey

Department of Classics and Religious Studies: Faculty Publications

In the study of medieval political philosophy the tendency has been to pay attention to thinkers who appear to have contributed to the birth of the modem. While the value in coming to understand how modem political thought developed is undeniable, this tendency is accompanied by an implicit, perhaps unintentional, devaluation of the study of that which did not contribute as obviously to modernity. In the history of the idea of the natural right scholars have distinguished between the objective and the subjective right, characterizing the subjective right as what lies at the heart of the classically modem and liberal. …

Locus Amoenus Vs. Locus Terribilis: The Spatial Dynamics Of The Pastoral And The Urban In La Ceppède’S Théorèmes, Russell J. Ganim

Department of Modern Languages and Literatures: Faculty Publications

The opening sonnets of Jean de La Ceppède’s Théorèmes (1613, 1622) present an urban vs. rural conflict that mirrors the dialectic between sin and salvation running throughout the work. La Ceppède’s focus for this struggle becomes the stark contrast between Jerusalem and the garden at the Mount of Olives. Jerusalem, as the place where Christ is persecuted and eventually tried, represents a Babylon-like enclave of transgression, while the garden is portrayed as a site of purity and tranquil reflection. From a literary standpoint, La Ceppède’s emphasis on the clash between dystopian and utopian settings comprises part of his adaptation of …

The Rdna Internal Transcribed Spacer Region As A Taxonomic Marker For Nematodes, Thomas O. Powers, T. C. Todd, A. M. Burnell, P. C. B. Murray, C. C. Flemming, Allen L. Szalanski, B. A. Adams, T. S. Harris

Department of Plant Pathology: Faculty Publications

The ITS region from a wide taxonomic range of nematodes, including secernentean and adenophorean taxa, and free-living, entomopathogenic, and plant-parasitic species, was evaluated as a taxonomic marker. Size of the amplified product aided in the initial determination of group membership, and also suggested groups that may require taxonomic reevaluation. Congeneric species often displayed identically sized ITS regions, but genera such as Pratylenchus and Tylenchorhynchus had species with large differences in size. ITS heterogeneity in individuals and populations was identified in several nematode taxa. PCR-RFLP of ITS1 is advocated as a method of taxonomic analysis in genera such as Helicotylenchus that …

Comparison Of Three Formulations Of Alphachloralose For Immobilization Of Canada Geese, Jerrold L. Belant, Thomas W. Seamans

United States Department of Agriculture Wildlife Services: Staff Publications

The effectiveness of an alpha-chloralose (AC)-corn oil suspension, an AC-margarine mixture, and AC tablets were compared for immobilizing Canada geese (Branta canadensis). Responses to AC immobilization also were compared in male and female Canada geese. There was no difference in mean time to first effects or mean time to capture between male and female geese dosed with 30 mg/kg AC in orally-administered bread baits. Recovery times (≤24 hr) also were similar between sexes. Mean (±SE) time to first effects for geese immobilized with AC tablets in bread baits ( 19 ± 3 mm) was significantly less than mean …

Herbicides And Their Metabolites In Rainfall: Origin, Transport, And Deposition Patterns Across The Midwestern And Northeastern United States, 1990-1991, Donald Goolsby, E. Michael Thurman, Michael Pomes, Michael Meyer, William Battaglin

United States Geological Survey: Staff Publications

Herbicides were detected in rainfall throughout the midwestern and northeastern United States during late spring and summer of 1990 and 1991. Herbicide concentrations exhibited distinct geographic and seasonal patterns. The highest concentrations occurred in midwestern cornbelt states following herbicide application to cropland. Volume-weighted concentrations of 0.2-0.4 μg/L for atrazine and alachlor were typical in this area during mid-April through mid-July, and weighted concentrations as large as 0.6- 0.9 μg/L occurred at several sites. Concentrations of 1-3 μg/L were measured in a few individual samples. Atrazine was detected most often followed by alachlor, deethylatrazine, metolachlor, cyanazine, and deisopropylatrazine. The high ratio …